Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Sanko Steamship Co Ltd v Australia Gloria Energy Group Pty Ltd [2012] FCA 798 Citation: The Sanko Steamship Co Ltd v Australia Gloria Energy Group Ltd [2012] FCA 798
Parties: THE SANKO STEAMSHIP COMPANY LIMITED v AUSTRALIA GLORIA ENERGY GROUP PTY LIMITED
File number: NSD 877 of 2012
Judge: RARES J
Date of judgment: 20 July 2012
Legislation: Admiralty Act 1988 (Cth) ss 4(3)(f), 9 Federal Court Rules 1979 (Cth) O 35A rr 2, 3 Federal Court Rules 2011 (Cth) rr 5.22, 5.23(2)(c) Bankruptcy Code (United States) Ch 11
Cases cited: Speedo Holdings BV v Dave Evans (No 2) [2011] FCA 1227 applied Yeo v Damos Earthmoving Pty Ltd in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129 applied
Date of hearing: 20 July 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 11
Counsel for the Plaintiff: Mr J Hogan-Doran
Solicitor for the Plaintiff: HWL Ebsworth Lawyers
Counsel for the Defendant: The defendant did not appear
IN THE FEDERAL COURT OF AUSTRALIA in admiralty NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 877 of 2012
BETWEEN: THE SANKO STEAMSHIP COMPANY LIMITED
Plaintiff
AND: AUSTRALIA GLORIA ENERGY GROUP PTY LIMITED
Defendant
JUDGE: RARES J DATE OF ORDER: 20 JULY 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the plaintiff to file in Court the affidavit of Stefan Buurma sworn on 20 July 2012. 2. The freezing order made on 22 June 2012, as varied by orders made on 27 June, be vacated. 3. Judgment be entered for the plaintiff on the amended statement of claim in the sum of USD 706,105.44 4. The defendant pay the plaintiff's costs. 5. Interest be payable on the judgment sum at the rate of 4% above the cash rate for United States dollars, offered by the Reserve Bank of Australia, or in default, the local target rate set by the Federal Open Market Committee of the United States Federal Reserve. 6. Each bank account for the defendant maintained with the Bank of China, Sydney branch, be garnisheed up to the sum of AUD 600, 000 or the equivalent in any other currency in which the bank holds funds for the defendant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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